while affirmative action laws do still exist us states can and do pass laws rejecting affirmative action this is one reason among many that buttigieg is promoting national policies to stop discrimination the state of washington only recently repealed its year ban on affirmative action url nine us states banned affirmative action texass ban was reversed by a supreme court decision in leaving eight states that currently ban the policy urlcenterchalkboardwhymightstatesbanaffirmativeaction